COMMISSIONER CORPORATION OF CHENNAI Vs. SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY

JUDGEMENT

(1.) - "CELIBACY" or "MATRIMONY" is one's choice. He or She can choose either "celibacy" or "matrimony" according to one's own wish. Nobody can be compelled either to undertake celibacy or to get into matrimony and if it is done, it will be violation of fundamental right guaranteed under Article 21 of Constitution of India, apart from the basic human right.

(2.) Here is the case where a healthy male person is constrained or compelled to undergo celibacy because of the disability due to the injuries sustained by him in the accident. Such a situation is very grave one. The victim looses marital prospects depriving of marital bliss apart from suffering serious complication of Autonomic dysreflexia. The pain, suffering and mental agony being undergone by the victim can neither be estimated nor compensated. Accidents are source of violations of human rights and mainly fundamental rights of the citizens. It is the duty of every Government to see that the fundamental rights of the citizens are protected or guarded. The actions of the officials should not be the cause of violation of the basic rights of the citizens. Therefore, they should be very vigilant and not negligent in performing their sovereign functions as they are coming under the definition of State as defined under Article 12 of the Constitution of India. Negligence by the officials would cause havoc in one's life is best evident from the facts of the present case.

(3.) The appeal has been preferred by the Corporation aggrieved over the compensation granted to the 3rd respondent / Writ petitioner who sustained spinal cord injury while he was walking on the road on 27.03.2009 towards his residence at Kamaraj Salai near Vivekananda Illam along Dr.Besant Salai, at about 09.30 P.M., during which time an Electric lamp post fell on him when the 2nd respondent employees were engaged in removing the old lamp post by welding it. Because of the fall of the Electric lamp post on the 3rd respondent and because of the negligence on the part of the officials of the appellant and the respondents 1 and 2, the 3rd respondent sustained injuries on his shoulder, head and spinal cord and immediately he was rushed to the Government General Hospital and admitted as an inpatient and thereafter, shifted to MIOT Hospitals wherein surgeries were performed on him. He took treatment by paving a sum of Rs.2,69,550/-. An FIR was registered in Cr.No.290 of 2009 in this regard. The 3rd respondent who was hale and healthy at the time of the accident has become a vegetable and wheel chair bound. Therefore, he gave a representation on 25.05.2009 to the appellant and the second respondent to pay a sum of Rs.32,92,550/- for being in this position due to the disability sustained by him in the accident. However, the said representation was not considered which compelled the 3rd respondent to approach this Court by filing the Writ petition.